Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/16/2017 03:30 PM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
*+ SB 77 SECOND CLASS BOROUGH SERVICE AREAS TELECONFERENCED
Heard & Held
        HB   8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                     
                                                                                                                                
3:39:12 PM                                                                                                                    
CHAIR BISHOP announced consideration of HB 8.                                                                                   
                                                                                                                                
3:39:23 PM                                                                                                                    
TIM CLARK,  staff to Representative  Bryce Edgmon, sponsor  of HB                                                               
8, Alaska State Legislature, Juneau,  Alaska, introduced HB 8 for                                                               
the sponsor.  He said  that HB 8  reconciles state  statutes that                                                               
are now in  conflict with federal law under  the Violence Against                                                               
Women  Act  (VAWA), which  makes  sure  that a  protection  order                                                               
issued in  another jurisdiction (meaning another  state or tribal                                                               
court) is treated  no differently than a  protective order issued                                                               
by  an Alaska  State  court. Under  existing  statute, state  law                                                               
enforcement is only compelled to  enforce a protection order from                                                               
another jurisdiction if  it has been first filed with  a clerk of                                                               
an Alaskan court.                                                                                                               
                                                                                                                                
MR. CLARK said HB 8 ensures  that a protection order from another                                                               
state or  a tribal  court would  be given  full faith  and credit                                                               
with no requirement  that it first be registered  with the state.                                                               
This efficiency  is important to some  peoples' immediate safety.                                                               
The  state  is  already  enforcing  existing  provisions  in  the                                                               
superseding federal  law, but  it's important  to clean  up state                                                               
statute to  eliminate possible complications in  prosecutions and                                                               
any  risk of  lawsuits for  the state.  The bill  carries a  zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
CHAIR BISHOP asked for an  example of what a "potential conflict"                                                               
could be if the state isn't in compliance with federal law.                                                                     
                                                                                                                                
MARY  LUNDQUIST, Assistant  Attorney General,  Department of  Law                                                               
(DOL),  Civic Division,  Opinions, Appeals,  and Ethics  Section,                                                               
Fairbanks, Alaska, said she didn't  have any specific examples of                                                               
ongoing  conflicts, because  the  state complies  with VAWA  now.                                                               
However, the state  law is out of sync with  federal law, because                                                               
it requires  registration of tribal  protection orders,  and this                                                               
bill would eliminate  that inconsistency. By doing  that it would                                                               
also eliminate the possibility for  a prosecutor to say the state                                                               
wasn't complying  with state  law by not  arresting a  person for                                                               
violating  a protection  order  in the  future,  even though  the                                                               
federal law would pre-empt the state law requirements.                                                                          
                                                                                                                                
CHAIR BISHOP opened public comment.                                                                                             
                                                                                                                                
3:43:44 PM                                                                                                                    
CAITLYN  KELLY, representing  herself, Juneau,  Alaska, supported                                                               
HB  8.  She said  her  older  sister  has a  long-term,  criminal                                                               
protective  order against  someone in  California. When  she came                                                               
back  up to  Alaska, this  person followed  her. He  came to  the                                                               
house where  she was  staying and attacked  her. The  police were                                                               
called; he  was found  and arrested, but  he wasn't  charged with                                                               
violating a protective  order, because under state law  it has to                                                               
be  registered.   Her  sister  didn't  know   that,  because  the                                                               
protective order  says that  it's enforceable  in all  50 states.                                                               
The fact  that a protective  order has  to be registered  isn't a                                                               
well-known procedure or information  that is readily available to                                                               
the public.                                                                                                                     
                                                                                                                                
SENATOR GARDNER thanked Ms. Kelly for testifying.                                                                               
                                                                                                                                
MS.  KELLY reiterated  that she  felt it  "very crucial"  to pass                                                               
this  bill,   because  this  person  has   made  life-threatening                                                               
comments against her sister. That  is why the protective order is                                                               
there.                                                                                                                          
                                                                                                                                
3:46:14 PM                                                                                                                    
CHAIR  BISHOP,   finding  no  further  comments,   closed  public                                                               
testimony and held HB 8 for a later hearing.                                                                                    

Document Name Date/Time Subjects
HB8 Additional Documentation 18 USCA Section 2265 Full Faith and Credit Given to Protection Orders 2.17.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Additional Documentation--7.30.15 VAWA Enforcement Dept. of Law Opinion 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Additional Documentation--2014 Repeal of Alaska Exemption to VAWA 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Sectional Summary 1.18.18.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Senate C&RA Committee Hearing Request Memo.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Sponsor Statement 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
HB8 Version A 1.18.17.pdf SCRA 3/16/2017 3:30:00 PM
HB 8
SB 77 Ver. A.PDF SCRA 3/16/2017 3:30:00 PM
SB 77
SB77 Sponsor Statement.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - Incorporated Cities Within Organized Boroughs.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - Highway Corridor Map.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Supporting Document - AS 29.35.490.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Support Letter.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Support Letter - AML.pdf SCRA 3/16/2017 3:30:00 PM
SB 77
SB 77 Hearing Request Memo.pdf SCRA 3/16/2017 3:30:00 PM
SB 77